The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-05-06
GOOD FOR GROVER.

GOOD FOR GROVER.
ne Pr~Stent Take. Up the Cudgel In Re.
half If . Settler Upon the Public Domain
Against .GraspinG Railroad Monopoly
and Departmental Red Tape.
AsHINGTON, April s8-President
Cleveland has sent letter to the Secre.
tary OF the Interior respecting the contro-
vcrsy between Guilford Miller and the
Northern Pacific Railroad about the
ownership of some land lying within the
indemnity limits Of that road, which will
be read with interest on account Of the
conclusions reached and tho suggestions
thrown out by the President for an equit-
able settlement Of the case. The matter
came before the President upon the peti-
ton Of Miller and others. Il has been
pending before the Interior Department
Tor several years, and when finally ad-
5usted will probably establish precedent
for the settlement of many similar cases.
The President after looking through the
case sent the following letter to the Sec
rotary Of the Interior:
EXECUTIVE MANSION,
WASHINGTON, April 8.
DEAR SIR: have examined with much care
and interest the questions involved in the con.
fiicting claims Of Guilford Miller and the
Northern Pacific Railroad Company to
certain public land in Washington
Territory. The legal aspect of the
case has been examined and passed upon by
several officers of the Government. who do not
agree in their conclusions Miller claims to be
a settler upon the land in question. whose pos
session dates from 1873. He alleges that he
has made substantial improvements upon this
land and cultivated the same. and 1t appears
that he filed his claim to the same under the
homestead law on the Goth day Of December,
1884. The railroad company contends that this
land is within the territory or area from which
II was entitled t. select such o quantity of
public lana as might be necessary to supply
any deficiency that should be found to exist in
the specific land mentioned in q grant by the
Government to said company in aid of'the con-
struction Of its road such deficiency being con-
templatod as likely TO arise from the paramount
right OF private parties and settlers within the
territory embracing said granted lands, and
that the land in dispute was thus selected by
the company on the 10Th day Of December.
1889.
A large tract including this land was with
drawn by an order of the Interior Department
from sale and from presumption and home
stead entry in 1872 in anticipation of the con-
structiOn OF said railroad. and deficiency in
its granted lands. In 1887. upon the filing OF a
map OF definite location of the road. the land in
controversy. and much more which had been sc
withdrawn. was found to lie outside the limits
which included the granted land. hut its with
drawal and reservation from settlement ana
entry under our land laws was continued upon
the theory that it was within the limits of in
demnity lands which might be selected by the
company as provided in the law making the
grant.
The legal points in this controversy turned
upon the validity and effect of the withdrawal
and reservation of this land and the continu-
ance thereof. The Acknowledgement is Of the
opinion that such withdrawal and reservation
wers at all times effectual, and that they Oper.
ated to prevent Miller from acquiring anv in
terest IN or right to the land claimed by him.
With this Interpretation OF the law and the for
mer orders and action of the Interior Depart.
ment. it will be seen that their effect has been
the withdrawal and reservation since 1872 OF
II not millions. of ceres Of these |
lands from the operation OF the land laws Of the
United States. thus placing them beyond the !
reach of our citizens desiring under such laws |
to settle and make homes upon the same, and |
that this has been done for the benefit of rail- |
road company having no fixed. certain. or def |
mite interests in such lands. In this manner |
the beueficent policy and intention Of the Gov
eminent in relation to the public domain have
Tor all these years to that extent been thwarted /
There seems to be no evidence presented |
showing how much. if any, of this vast tract is
necessary for the fulfillment Of the grant to the
railroad company, nor does there appear to he
my limitation of the time within which this
TACT should be made known. and the corpora
ion obliged to make its selection After
apse of fifteen years this large body of the
huston of settlers for the convenience of "a cor.
)oratc beneficiary of the Government an
awaiting, its selection. though il Is entirely GER
ain that much of this reserved land can never
De honestly claimed by said corporation.
Such a condition OF the public lands should
10 longer continue. So far as it is the result OF
Executive rules and methods. these should he
abandoned and so far as il is consequence OF
mprovden: laws, these should be repealed or
lmended
Ourpublic domain is our National wealth.
,eople. 1t should promise limitless develop
nent and riches. relief to u crowiing popula-
ion. and homes TO thrift and industry. These |
nestimable advantages should be jealousy
uartled and careful and enlightened policy
n the part of the Government should secure
hem to the people.
In the case under consideration. assume
ha: there is abundance of land within the area
rhich has been reserved for indemnity. in
1
Bile interest. for all such purposes OF in.
emnifcation of this railroad company, il its
rants has not already been satisfied. under
tand. too. that selections made by such cor
Grafton are not complete and effectual until
he same have been approved by the Secretary
I the Interior, or unless they arc made in the
lords of the statute under his direction. You
ave thus far taken no action in this matter,
nd it seems to me that You are in a condition
D deal with the subject in such manner rs to
rotect this settler from hardship and loss.
I transmit herewith the papers and docu-
lcp:s relating to the case. which were sub
lifted 10 me ut my request. suggest that you
yercise the power and authority you have in
1e premises. upon equitable considerations,
it'll every presumption and intendment in
,vor Of the settler. and in case you find this
,rporation is entitled to select any more OF
lese lands than it has already acquired, that
Oh direct it to select. in lieu OF the land upon
hich Mr.. Miller has settled. other land within
he limits of this indemnity reservation. upon
hich neither he nor any other citizen has in |
bod faith settled or made improvements.
I call your attention to sections ai5O and 2:5l
the Revised Statues of the United States as
DintlEg out mode of procedure which may
crhaps he resorted TO il necessary for the |
1rpose of reaching n just and equitable dispo |
ton of the case. The suggestions herein con-
lined can. believe, be adopted without disre-
riding or calling in question the opinion OF ,
lie Acknowledgement upon the purely legal
.opositions, which were submitted to him.
Yours, very truly,
GROVER CLEVELAND.
Plans for the Big Cruisers.
WASHINGTON. April :S.-The board ap-